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Understanding the process of property acquisition in Kenya

Joseph Muriithi by Joseph Muriithi
September 14, 2024
in News
Reading Time: 2 mins read

Purchasing property in Kenya is a major milestone that requires careful consideration and a strategic approach. Whether you’re a first-time buyer or an experienced investor, understanding the process is crucial to ensuring a smooth transaction.

The journey to owning property in Kenya is a blend of legal formalities, due diligence, and financial planning, all of which culminate in the successful acquisition of your dream property. This guide will walk you through the essential steps, providing you with the knowledge to navigate the Kenyan real estate market with confidence.

The process begins with identifying the property you wish to purchase. It’s highly advisable to engage a reputable real estate company to assist you in this endeavor. These professionals offer invaluable insights into the market, helping you find properties that align with your preferences and budget.

Visiting the property in person is a critical step. It allows you to assess the condition, location, and overall suitability of the property before making any commitments.

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Once you’ve identified a property and are satisfied with your choice, the next step is to make an official expression of interest. This is done by sending an offer to the seller. If the seller accepts the offer, the real estate agent will prepare a Letter of Offer (LOO).

This document is crucial as it formalizes the agreement between the buyer and the seller, signaling the beginning of the legal process. Typically, the Letter of Offer is signed within one or two weeks, after which it becomes a binding document that instructs the legal teams of both parties to proceed

 Due diligence is one of the most critical steps in the property purchasing process. In Kenya, this involves verifying the ownership and legal status of the property. The buyer, often through their legal representative, conducts a search at the Ministry of Lands to confirm the land title, ownership details, and the exact acreage of the property.

It is advisable to hire a registered surveyor to assist with this process. Additionally, the buyer must ensure that the property is free of any caveats or encumbrances that could complicate the transaction.

After completing due diligence, the buyer instructs their legal representative to proceed to the contract stage. Upon receiving the contract from the seller’s advocates, the buyer is required to sign it as a confirmation of their intention to proceed with the transaction.

The process slightly varies depending on the type of property being purchased; whether it’s land, a property ready for occupation, or an off-plan project. For ready properties or land, the buyer pays a deposit, and the transaction is typically completed within 90 days from the signing of the sale agreement. For off-plan properties, the buyer pays the deposit and then makes subsequent payments in installments as the project progresses

Purchasing property in Kenya is a process that demands attention to detail, patience, and professional guidance. Engaging with experienced real estate professionals and legal experts can make all the difference, providing you with the confidence to navigate the complexities of the market. By following the outlined steps, you can embark on your property ownership journey with clarity and assurance, ultimately securing an asset that meets your needs and aspirations.

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Joseph Muriithi

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